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You are here:  Experts > Arts/Humanities > Political Science > 2nd Amendment and Right to Bear Arms > CCW- FELONY

2nd Amendment and Right to Bear Arms - CCW- FELONY


Expert: n/a - 8/12/2009

Question
Hi Don -- Nice Bio!

I'm applying for a CCW in FL.  In 1973 I had an arrest in Ohio for:Uttering a False Perscription (Only entry on my record)
Come to find out this is a felony and FL wants additional information.(Certificate showing -Civil rights restored including firearms)  Here's the problem - Ohio responded to my request for information indicating all records from 1973 have been destroyed. There are no records showing case# or Final Disposition.  Florida wants court doc indicating final disposition and certificate showing rights have been restored.  Thoughts?  Thanks!
Best regards,
Skip  (USMC 1967-69)

Answer
Ohio must have a restoration of rights process.  If your FBI fingerprint shows you have a felony then you must get restoration of rights.  Florida is full of it when it comes to restoration of rights Certificate.  They want your Certificate to state you can own a firearm but the Federal Firearm code 18. U.S.C 921 (A)(20) says as long as your certificate does NOT state you CAN'T  ship, transport, own or possess a firearm and you have full restoration of rights then you are cleared to own a firearm.  Maybe you should send the FBI and Florida a notarized copy of the paperwork Ohio sent you saying all records are destroyed and nothing is on file.  If it's not on their files how can they give you restoration of rights.  Or being it's not in their files they can give you a court document stating you have no felonies in Ohio.


Good Luck

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